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The newly revised Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste (hereinafter referred to as the New Solid Waste Law) is different from other separate environmental protection laws such as the Water Pollution Prevention and Control Law and the Air Pollution Prevention and Control Law in that it is not only a The law that sets environmental management obligations and responsibilities for pollutant discharge units has also "permeated" the entire process of the operation of general production enterprises, and has put forward new requirements for related enterprises.
The newly revised Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste (hereinafter referred to as the New Solid Waste Law) is different from other separate environmental protection laws such as the Water Pollution Prevention and Control Law and the Air Pollution Prevention and Control Law in that it is not only a The law that sets environmental management obligations and responsibilities for pollutant discharge units has also "permeated" the entire process of the operation of general production enterprises, and has put forward new requirements for related enterprises.
The new law puts more emphasis on the prevention and systematic control of solid waste production The new law puts more emphasis on the prevention and systematic control of solid waste production
"Before we have put more emphasis on how to scientifically dispose of solid waste and reduce the impact on the environment.
"Before we have put more emphasis on how to scientifically dispose of solid waste and reduce the impact on the environment.
The General Principles of the New Solid Waste Law clarifies that the prevention and control of environmental pollution by solid waste adhere to the principles of reduction, resource utilization and harmlessness, and stipulates that all units and individuals should take measures to reduce the amount of solid waste generated and promote the comprehensive utilization of solid waste.
Encourage reduction at the source, moderate simplicity, and limit disposable plastic products.
At the same time, according to Yuan Hongsheng, operation manager of the Environmental Electric Waste Business Unit of TusHoldings, the new solid waste law clarifies that manufacturers must build their own or entrust industries that produce hazardous wastes such as electrical appliances, batteries, and vehicle power batteries that are closely related to everyone’s daily lives.
Incorporating the extended producer responsibility system into the legal framework system Incorporating the extended producer responsibility system into the legal framework system
Articles 66 and 67 of the new Solid Waste Law include the extension of producer responsibility into legal provisions.
Articles 66 and 67 of the new Solid Waste Law include the extension of producer responsibility into legal provisions.
"The extended producer responsibility system is a policy tool.
The new solid waste law refines the requirements for industrial solid waste generating units to establish and improve the management system for the entire process from solid waste generation to disposal, and adds the establishment of a ledger to realize the traceability and queryability of solid waste.
"This is very meaningful.
Yuan Hongsheng provided reporters with a set of data: In 2018, the dismantling rate of waste electrical and electronic products flowing into formal dismantling enterprises was only 57%.
It is understood that the specific requirements of the new solid waste law on the establishment of waste generation, transportation, storage, utilization, and disposal accounts, truthful recording and reporting, and management plans, on the one hand, are the basic normative requirements for related links; on the other hand, they are also promoting Really and concretely establish the most basic solid waste database.
From the early stage of industry development, data distortion, random reporting, and concealment have resulted in a contradiction that the amount of disposal is far greater than the amount of statistics generated, but the disposal gap is still very large.
Enterprises that produce hazardous waste involve the most responsibilities.
The new solid waste law generally increases the legal liability for non-compliance with solid waste management, and introduces the "double penalty system": both the enterprise and the responsible person of the enterprise and institution, including their legal representatives, are punished Persons, main persons in charge, directly responsible persons in charge and other directly responsible persons, etc.
According to Liu Gaofeng, senior technical director of environmental protection at the Energy and Environmental Protection Department of Maanshan Iron & Steel Co.
, Ltd.
, the new solid waste law imposes severe penalties and heavy penalties on illegal activities, increases the amount of fines, increases the types of penalties, and assigns responsibilities to individuals, and supplements some illegal activities.
Legal liability.
For example, for illegal activities such as the unauthorized transfer of hazardous wastes, the legal representative, the main person in charge, the directly responsible person in charge, and other responsible persons shall be fined and administrative detention penalized in accordance with the law.
, Ltd.
, the new solid waste law imposes severe penalties and heavy penalties on illegal activities, increases the amount of fines, increases the types of penalties, and assigns responsibilities to individuals, and supplements some illegal activities.
Legal liability.
For example, for illegal activities such as the unauthorized transfer of hazardous wastes, the legal representative, the main person in charge, the directly responsible person in charge, and other responsible persons shall be fined and administrative detention penalized in accordance with the law.
In this regard, Dong Qingyin, director of the Regional Waste Management Office of the School of Environment of Tsinghua University/Basel Convention Asia-Pacific Regional Center, also believes that the penalties in the “legal liability” part of the new solid waste law have generally increased, in addition to increasing the administrative punishment responsibilities for the relevant persons responsible, It also increases the economic cost of illegality.
Fang Jianzhong believes that the penalty provisions in the new Solid Waste Law convey a clear message that involves the legal responsibilities of enterprises and related responsible persons: enterprises and operators should treat the prevention and control of solid waste pollution in a more serious and cautious manner.
It should be managed and operated in compliance with laws and regulations, and there must not be any negligence and fluke.
It should be managed and operated in compliance with laws and regulations, and there must not be any negligence and fluke.
"The new solid waste law involves the most responsibilities for companies that produce hazardous waste.
" At the same time, he believes that in Chapter 6, a special chapter on hazardous waste is used to impose a fine of 100,000 yuan or impose environmental pollution accident treatment.
A fine of one to three times the cost; the treatment cost of an environmental pollution accident is calculated as a fine of 200,000 Yuan if the hazardous waste is less than 200,000 Yuan; a fine of 100,000 Yuan if the other solid waste treatment fee is less than 100,000 Yuan.
The responsibility of polluters and increased penalties are particularly obvious, especially the legal liability for environmental pollution accidents.
The regulations are not only for legal entities, legal representatives of enterprises, principals, directors of directly responsible persons, and other responsibilities.
Personnel are subject to targeted economic penalties, and if the circumstances are serious, they will be detained for five to fifteen days, etc.
, which constitutes a criminal punishment in accordance with the law.
" At the same time, he believes that in Chapter 6, a special chapter on hazardous waste is used to impose a fine of 100,000 yuan or impose environmental pollution accident treatment.
A fine of one to three times the cost; the treatment cost of an environmental pollution accident is calculated as a fine of 200,000 Yuan if the hazardous waste is less than 200,000 Yuan; a fine of 100,000 Yuan if the other solid waste treatment fee is less than 100,000 Yuan.
The responsibility of polluters and increased penalties are particularly obvious, especially the legal liability for environmental pollution accidents.
The regulations are not only for legal entities, legal representatives of enterprises, principals, directors of directly responsible persons, and other responsibilities.
Personnel are subject to targeted economic penalties, and if the circumstances are serious, they will be detained for five to fifteen days, etc.
, which constitutes a criminal punishment in accordance with the law.
A person in charge of Agile Environmental Protection Group emphasized that the new "Solid Waste Law" has expanded and improved legal responsibilities, and put forward stricter requirements on the operation and management of hazardous waste disposal enterprises.
Enterprises should strengthen the study of laws and regulations and improve their own operation and management.
Ability to ensure legal and compliant operations.
Enterprises should strengthen the study of laws and regulations and improve their own operation and management.
Ability to ensure legal and compliant operations.